QUESTIONING DEFENDANTS VIA SKYPE DURING THE STATE OF EMERGENCY IN THE REPUBLIC OF SERBIA

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Aleksandar Boskovic
Tanja Kesic

Abstract

The state of emergency was declared in the Republic of Serbia on 15 March 2020, due to the COVID-19 pandemic, which lasted until 6 May 2020. During the state of emergency, certain human rights were restricted and suspended, which are otherwise protected and guaranteed by the Constitution. One of the measures introduced by the state was the possibility for the defendant to attend the main hearing via Skype. The basic question arises whether the right to a fair trial is violated in this way, since it is one of the rights that cannot be limited or suspended even during a state of emergency. In this regard, this paper addresses the national legal framework under which trials are permitted and conducted via Skype during a state of emergency and relevant case law of the European Court of Human Rights.

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How to Cite
Boskovic, A. ., & Kesic, T. . (2020). QUESTIONING DEFENDANTS VIA SKYPE DURING THE STATE OF EMERGENCY IN THE REPUBLIC OF SERBIA. Journal of Liberty and International Affairs, 6, 30-44. https://doi.org/10.47305/JLIA2060030b
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Author Biographies

Aleksandar Boskovic, University of Criminal Investigation and Police Studies, Belgrade, Republic of Serbia

Aleksandar Boskovic was born in Bor (Republic of Serbia) on 27 June 1977. He enrolled at the Faculty of Law of the University of Belgrade in 1996 and graduated in 2001. He obtained the academic degree of Master of Science at the Faculty of Law, University of Kragujevac in 2006 and the academic degree of Doctor of Science at the Faculty of Law, University of Kragujevac in 2010 successfully defending his doctoral dissertation entitled: "Prosecutorial police concept of investigation and efficiency of criminal proceedings." He has been employed at the Police Academy (now University of Criminal Investigation and Police Studies) as a Teaching Assistant in the subject of Criminal Procedure Law since 2002 – 2010. From 2010 – 2015 he was an Assistant Professor, from 2015-2020 he was an Associate Professor and from March 2020 he is Full Professor in the subject of Criminal Procedure Law. Alone or co-authored, he has published about 65 papers, of which 3 monographs and 3 textbooks and he has participated in more than 35 scientific national and international conferences. Also, he has participated in 7 national and international scientific projects.

Tanja Kesic, University of Criminal Investigation and Police Studies, Belgrade, Republic of Serbia

Aleksandar Boskovic was born in Bor (Republic of Serbia) on 27 June 1977. He enrolled at the Faculty of Law of the University of Belgrade in 1996 and graduated in 2001. He obtained the academic degree of Master of Science at the Faculty of Law, University of Kragujevac in 2006 and the academic degree of Doctor of Science at the Faculty of Law, University of Kragujevac in 2010 successfully defending his doctoral dissertation entitled: "Prosecutorial police concept of investigation and efficiency of criminal proceedings." He has been employed at the Police Academy (now University of Criminal Investigation and Police Studies) as aTeaching Assistant in the subject of Criminal Procedure Law since 2002 – 2010. From 2010 – 2015 he was an Assistant Professor, from 2015-2020 he was an Associate Professor and from March 2020 he is Full Professor in the subject of Criminal Procedure Law. Alone or co-authored, he has published about 65 papers, of which 3 monographs and 3 textbooks and he has participated in more than 35 scientific national and international conferences. Also, he has participated in 7 national and internationalscientific projects.

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